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march 1951

Supreme Court of India · 1951-03-05

V. RAMASWAMI AYYANGAR AND OTHERS vs T.N.V. KAILASA THEVAR.

Citation / case number
SC 1950/10
Court
Supreme Court of India
Petitioner
V. RAMASWAMI AYYANGAR AND OTHERS
Respondent
T.N.V. KAILASA THEVAR.
Bench
SASTRI, M. PATANJALI

Judgment text excerpt

The Supreme Court ruled that under the Madras Agriculturists’ Relief Act, 1938, a mortgage decree can be scaled down for some debtors while remaining intact for others. In this case, the decree against defendant No. 1 was upheld as he was not entitled to the benefit of scaling down granted to defendants Nos. 2 to 7, as the debt was indivisible. The Court reversed the Madras High Court's decision, affirming that the scaling down did not extinguish the decree against all joint debtors.

V. RAMASWAMI AYYANGAR AND OTHERS vs T.N.V. KAILASA THEVAR. · Niyam